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Section E seeks to show how the law on the conduct of hostilities that would apply in relation to the use of conventional weapons also applies in respect of nuclear weapon operations. The Rules and Commentaries deal with persons participating in the hostilities, who are distinguished from protected civilians, and with specific issues of naval and air warfare. The Rules and Commentaries on nuclear targeting address the notion of ‘attack’, the principle of distinction, prohibited nuclear attacks, the definition of military objectives, proportionality and active and passive precautions. As to methods of nuclear warfare, the Section addresses perfidy and ruses, the improper use of protective indicators and emblems, as well as the concept of zones. The Section further includes Rules and Commentaries on persons and objects entitled to specific protection and on the protection of the natural environment in times of armed conflict.
Chapter 11 is a brief chapter on seldom encountered legal issues: ruses and perfidy. Acts that invite an enemy’s confidence that he is entitled to protection under the rules of LOAC, with an intent to betray that confidence, is the crime of perfidy. It has been a codified war crime since 1907, though seldom prosecuted. False flags of truce, informing an opponent that the war is over so you can come on out, are perfidy, as is fighting in the enemy’s uniform. Feigning being wounded, however, is not perfidy, because it does not invite an enemy’s confidence. Examples in recent years are related: in Columbia against the FARC, in the Falklands against the British. Ruses, on the other hand, are lawful: deceit employed in the interest of military operations for the purpose of misleading the enemy. They do not invite the confidence of the enemy with respect to the protection of LOAC. Dummy artillery pieces, inflatable “tanks,” mock operations by nonexistent troops, all lawful.
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